How Does the Statute of Limitations Work

How does the statute of limitations work in Texas law? Most people have heard about the statute of limitations in criminal cases. How they apply to a particular criminal case can be confusing. The statute of limitations is the time period the police or prosecuting agency has to charge a person with a crime. Once that time period passes the person can no longer be charged with that particular crime.

The statute of limitations starts counting down for a crime when the alleged offense occurred. The length of statute of limitations depends on what crime is alleged. Misdemeanors have a two-year statute of limitations. The statute of limitations for felonies are more complicated. The general rule is a 3-year statute of limitations. For crimes like robbery and felony theft the time length is 5 years. For crimes like financial fraud and identity theft the statute of limitations is 7 years. Forgery and arson have a 10-year statute of limitations. There is no statute of limitations for violent crimes such as murder, manslaughter, aggravated sexual assault, and sex crimes against children.

The counting of the statute of limitations is paused when the prosecutor’s office brings a criminal charge. That is done by indictment or information. The counting doesn’t start up again until the case is dismissed. The official name for the statute of limitations being paused is tolling or tolled.

There is one way to get a case dismissed after the prosecution brings and indictment or information. A criminal lawyer can file a motion to have a case dismissed. This happens if there has been a long delay by the government between bringing the charge and a court date. The burden is on the defense and is hard to prove enough harm to cause a judge to dismiss the criminal case.

The other way the statute of limitations is paused or tolled is if the defendant has left the state. If a person flees the jurisdiction to avoid prosecution, the statute of limitations is paused. The law doesn’t reward people who avoid prosecution by going on the run.

If you are charged with a criminal charge in Texas and want to know how the statute of limitations work in Texas contact an experienced criminal attorney. A good criminal lawyer can explain how the statute of limitations works in Texas and anything else that is important about your case.

February 21, 2023 Uncategorized Comments Off on How Does the Statute of Limitations Work

The Texas Accomplice Law

The Texas Accomplice law can have serious consequences. I recently answered the question, ” When can I be charged as an accomplice?” I went over how  a person could be held criminally liable as an accomplice under Texas law.  The Texas accomplice law can even lead to a person being charged with a crime he never had the intent to commit.

Let’s again take the example of Joe, Pete and Luke deciding to rob a 7 Eleven. Same plan as before. Joe will drive the car; Pete will have the gun and Luke will grab the money. No one ever mentions shooting anybody. They just want to get the money and get out. However, things go south when the actual robbery goes down.

Joe is waits in the parking lot with the car running. He is ready for a quick getaway. Pete goes in the store and points the gun at the clerk and demands the money in the cash drawer. The clerk opens the cash register but when Luke comes around the counter to grab the money the clerk suddenly hits Luke in the face. Luke falls to the ground and Pete pulls the trigger and shoots the clerk. The clerks falls to floor and dies. Luke and Pete run out of the store without getting any money and jump in the car with Joe. Joe drives off fast.

They get two blocks away and get stopped for speeding. The police spot the gun and can smell gun powder. The police are notified about the 7 eleven robbery.  The police arrest all three men. Under the Texas accomplice law Joe, Pete and Luke will be charged with Capital Murder. Joe and Luke can be charged with Capital Murder even though they didn’t have gun and there was no agreement to shoot the clerk.

Under the Texas accomplice law, “If, in the attempt to carry out a conspiracy to commit one felony, another felony is committed by one of the conspirators, all conspirators are guilty of the felony actually committed, though having no intent to commit it, if the offense was committed in furtherance of the unlawful purpose and was one that should have been anticipated as a result of the carrying out of the conspiracy.”

So, in our example, Joe and Luke should have anticipated that when Pete brought a loaded gun to rob a store clerk, they should have anticipated someone could get shot and killed.

February 14, 2023 Uncategorized Comments Off on The Texas Accomplice Law

When Can A Person Be Charged As An Accomplice

When can a person be charged as an accomplice? In Texas, a person can be arrested and charged as an accomplice if they aided or assisted in the commission of a crime, or if they advised or encouraged the commission of a crime.

To convict a person as an accomplice, the prosecution must prove beyond a reasonable doubt that the person:

  1. Intentionally aided or assisted in the commission of a crime, or
  2. Intentionally advised or encouraged another person to commit a crime.

Additionally, the prosecution must also prove that the principal (i.e., the person who actually committed the crime) actually committed the crime.

The evidence that may be used to prove that a person is an accomplice can include:

  1. Eyewitness testimony,
  2. Physical evidence (such as fingerprints, DNA, or other forensic evidence),
  3. Confessions or admissions of guilt,
  4. Circumstantial evidence (such as the presence of the accomplice at the scene of the crime),
  5. Financial or other transactions that suggest a link between the accomplice and the commission of the crime, and
  6. Evidence of prior statements or conduct that suggest the person had knowledge of or involvement in the commission of the crime.

It’s important to note that a person can be convicted as an accomplice even if they did not physically participate in the commission of the crime, as long as they aided, assisted, advised, or encouraged the commission of the crime.

The accomplice law holds everyone who participated in a crime responsible. For example Joe, Pete and Luke decide to rob a 7-Eleven. They decide Joe will be the getaway driver, Pete will have the gun and Luke will grab the money. They go to the store, Joe drives and stays outside with the car running and Pete walks to the counter, points his gun at the store clerk and says give me your money. Luke runs behind the counter and grabs the cash. Luke never says a word. Pete and Luke run to the car, and they all drive away.

They get about two blocks and the police stop them for speeding and see the gun and cash in the front seat. The police hear the call about the robbery and quickly make an arrest . All three will be arrested and charged with the crime of Aggravated Robbery. It doesn’t matter that Joe and Luke never had a gun. They all participated in the crime.

Once the case gets to the prosecutor Joe, Pete and Luke may get different plea offers and all have different outcomes in their cases. It all depends on all the facts and their criminal background. The law is called the Law of Parties in the Texas Penal code. Anyone person arrested as an accomplice should hire an experienced criminal attorney right away. A good criminal lawyer will research the facts. The attorney can then decide how to deal with the case. The sooner the lawyer is hired the better.

 

February 10, 2023 ACCOMPLICE, Uncategorized Comments Off on When Can A Person Be Charged As An Accomplice

Hindering Apprehension or Prosecution

In Texas, the crime of hindering apprehension or prosecution, also known as hindering prosecution, is defined as intentionally obstructing, impeding, or preventing the arrest of another person with the knowledge that the person committed an offense.

This crime is a class A misdemeanor which carries a maximum penalty of one year in jail and a fine up to $4,000. The crime is a third-degree felony if the person who the police were trying to arrest was wanted for Failure to Register as a Sex offender. The penalty range in that case would be two to ten years in prison and a fine up to $10,000.

To convict a person of hindering apprehension or prosecution in Texas, the prosecution must prove the following elements beyond a reasonable doubt:

  1. The defendant knowingly obstructed, impeded, or prevented the arrest of another person.
  2. The defendant had knowledge that the other person had committed an offense.
  3. The defendant acted with the intent to hinder the apprehension or prosecution of the other person.

To prove this crime the prosecution may use evidence such as the defendant’s statements, eyewitness testimony, police officer’s testimony and information taken from the defendant’s cell phone or other devices.

Examples of the criminal offense of hindering apprehension in Texas law include:

  1. Hiding or concealing a person who has committed a crime to prevent their arrest.
  2. Providing false information to law enforcement during an investigation to protect the person who committed the crime.
  3. Destroying or altering physical evidence related to a crime to prevent its use in an investigation or prosecution.
  4. Tampering with or influencing a witness to prevent them from cooperating with law enforcement or testifying truthfully in court.
  5. Warning the wanted person of impending discovery or arrest.
February 7, 2023 LEGAL COMMENTARY, Uncategorized Comments Off on Hindering Apprehension or Prosecution

Texas Abandoning or Endangering a Child

In Texas abandoning or endangering a child charge is a felony offense.  Texas abandoning or endangering a child is committed when a person intentionally, knowingly, recklessly, or with criminal negligence, leaves a child in a situation where the child’s physical health is in danger, or in circumstances that expose the child to an unreasonable risk of harm.

There can be many different ways that a person could be charged with abandoning or endangering a child. For example. If a parent leaves a young child unattended in a car. If a child is found in a drug house where it is exposed to drugs, guns and other illegal activity. Abandoning or endangering a child can be a state jail felony, third degree felony or second-degree felony depending on the facts of the case.

The criminal case usually has a CPS investigation going on at the same time. if a parent is the defendant their custody of the child could be greatly affected by the arrest. The criminal lawyer has to carefully consider both investigations in order to achieve the best result for the client.

Defenses for this crime under Texas criminal law include:

  1. Lack of intent: The defendant did not act intentionally, knowingly, recklessly, or with criminal negligence.
  2. Lack of knowledge: The defendant was not aware that the child was in danger or that their actions would expose the child to harm.
  3. Mistake of fact: The defendant held an honest and reasonable belief that the child was not in danger.
  4. Necessity: The defendant acted in the best interest of the child to protect them from imminent harm.
  5. Parental privilege: The defendant is the parent of the child, and their actions were reasonable and were taken in good faith to promote the welfare of the child.

If the person is arrested for a Texas abandoning or endangering a child charge, they should hire a criminal attorney as soon as possible. Not only is person’s freedom at stake but their parental custody rights are in danger.

February 5, 2023 #abandoningachild, #endangeringachild, Abandoning or endangering a child Comments Off on Texas Abandoning or Endangering a Child

How To Bond Out of Jail in Texas

How to bond out of jail in Texas. That is the first goal a person faces when they have been arrested. When a person is arrested and taken to jail in Texas, they have the option to post bail and be released until their court date. Bail is a financial guarantee to the court that the person will return for their scheduled court appearances.

There are several ways a person can post bail in Texas, including cash bail, surety bond and personal recognizance.

Cash bail requires the person or a friend or family member to pay the full amount of the bail in cash to get released. The cash bond is usually paid at the County Sheriff’s Office. Once the case is disposed of, the cash bail is returned to the person who put up the cash.

A surety bond is when a bail bondsman posts bail on behalf of the person. Using a bail bondsman is the most common practice for bonding a person out of jail.  The person or their family must pay a non-refundable fee, usually around 10-20% of the total bail amount, to the bail bondsman. The bail bondsman then posts the full bail amount to the court. The bail bondsman is responsible for the full amount of the bond if the person flees. Most bail bondsman will require the person posting to bond to check in regularly with the company and other conditions. If the bail bondsman feels the defendant isn’t abiding by their agreement, the bondsman will send a letter to the judge and ask to go off the bond which will cause an arrest warrant to be issued.

A personal recognizance bond is when the court releases the person on their own recognizance, meaning they sign a document promising to return for their court appearances and not commit any new crimes while out of jail. Personal recognizance bonds are called PR bonds. PR bonds usually occur in low level misdemeanor cases when the person has no prior criminal record.

When a person is released on bail, they may be subject to certain restrictions, such as travel restrictions, curfews, and drug and alcohol testing. An electronic monitoring device is a bond condition often used when a person is charged with a crime of violence. These restrictions are put in place to ensure the person will appear in court as required and not commit any new crimes. Violating these restrictions can result in the revocation of bail and the person being taken back into custody.

If a person gets notice of a bond violation, they should notify their criminal attorney.

February 3, 2023 Bond Comments Off on How To Bond Out of Jail in Texas

Texas Probation Revocation Motion

A Texas probation revocation motion is a very serious problem for anyone who is on probation in Texas. Thousands of Texans are placed on probation each year in felony or misdemeanor cases. Probation is a sentence handed down by a court as an alternative to imprisonment. It allows a person to serve their sentence while living in the community, under the supervision of a probation officer. However, if a person on probation violates the terms of their probation, it can be revoked, and the person can be sent to prison.

There are several grounds on which a Texas probation revocation motion can be filed which can cause the probation to be revoked, including:

  1. Committing a new criminal offense: If a person on probation is arrested and charged with a new criminal offense, their probation can be revoked.
  2. Failing to comply with the conditions of probation: If a person on probation fails to comply with the conditions of probation, such as failing to report to their probation officer or failing to pay fines, their probation can be revoked.
  3. Testing positive for drugs or alcohol: If a person on probation is subject to drug or alcohol testing and tests positive, their probation can be revoked.
  4. Failing to complete court-ordered treatment or education programs: If a person on probation is ordered to complete a treatment or education program and fails to do so, their probation can be revoked.

If a probation officer or the state has reason to believe that a person on probation has violated the terms of their probation, they can file a motion to revoke probation with the court. The person on probation will then be notified of the motion and a hearing will be scheduled.

At the revocation hearing, the person on probation has the right to be represented by an attorney, to present evidence, and to cross-examine witnesses. The judge will then decide whether or not to revoke probation, based on the evidence presented.

If the judge finds that the person on probation has violated the terms of their probation, they can revoke probation and the person can be sentenced to serve a sentence in prison. If the person is on deferred probation, they can be sentenced anywhere from the minimum and up to the maximum in the range of punishment for the particular crime they are on probation for.

It’s important to note that in Texas, revocation of probation is not automatic and must be proven by a preponderance of evidence. There are also many alternatives for punishment other than prison time.  An experienced criminal attorney knows how to fight a Texas revocation motion and may be able to come up with settlement other than prison time. A person facing a probation revocation should contact a criminal attorney right away.

January 31, 2023 Probation Comments Off on Texas Probation Revocation Motion

Texas Mutual Combat Defense

The Texas mutual combat defense is a legal defense that can be used in cases involving physical altercations between two or more individuals. It essentially states that if all parties involved in a fight willingly and knowingly participated in the altercation, they cannot be held criminally liable for any injuries or damages that occurred during the fight.  Consent of all the parties involved in the fight is an essential element to the defense.

For example, if two men get in a heated argument over whether the Cowboys or the Eagles are the best team in the NFC and one says, “You want to take this outside? ” Then other man says, ” Let’s go” and they go outside and start fist fight and the guy who likes the Cowboys decks the Eagles fan. Police see the fight, break it up, and arrest the Cowboy fan. The police always arrest the winner of the fight.

At a trial the criminal lawyer for the defendant can assert the Texas mutual combat defense. The trial judge would give an instruction to the jury that if they believed both parties consented to mutual combat then they should find the defendant Not Guilty. The Texas mutual combat defense doesn’t require both parties to verbally consent. If the defendant had a “reasonable belief” the other person consented, then a jury can find him not guilty. A person can consent by his actions. The jury makes the determination based on the evidence from the trial. If a person is looking for trouble and loses, the law and juries usually don’t have much sympathy for them.

The Texas mutual combat defense law does have its limitations. If the defendant threatened serious bodily injury or inflicted serious bodily injury the jury is instructed, they should not find the victim consented to the mutual combat. For example, if the Dallas Cowboy fan knocked the Eagles fan down and then started kicking him in the head after he couldn’t defend himself and caused serious injuries the Cowboy fan would likely be found guilty. You’re not supposed to kick a man when he’s down.

If the fight is part of an initiation for membership in a criminal street gang the mutual combat defense isn’t allowed. The legislature did not want criminal street gangs to benefit from this defense. Texas and Washington are the only two states that have the mutual combat law.

 

January 26, 2023 SELF DEFENSE Comments Off on Texas Mutual Combat Defense

Texas Solicitation of Prostitution

In Texas, solicitation of prostitution is a crime. The Texas solicitation of prostitution law is defined as intentionally offering or agreeing to pay someone else to engage in sexual conduct. Texas solicitation of prostitution is a state jail felony. The penalty range is 180 days to 2 years in a state jail prison. A defendant can also receive probation if they are eligible.

The Texas solicitation of prostitution law was a misdemeanor crime until recently. Advocates that fight sex trafficking have worked hard to enact harsher laws. As a result of this new law police agencies have begun enforcing the Texas solicitation of prostitution law through “sting operations”.

A “sting operation” is a type of police operation in which undercover officers pose as prostituted individuals or those willing to engage in prostitution, in order to catch individuals who are attempting to solicit prostitution. The goal of a sting operation is to target the demand side of prostitution, by catching those who are willing to pay for sexual services. These operations often involve the use of online ads, social media, and other forms of communication to attract potential suspects. Once the suspect agrees to engage in a sexual act in exchange for money, they are arrested by the police. Usually, the suspect is told to come to a hotel room or house and once they walk in, they are arrested. Recently a Prostitution sting operation in Frisco led to 46 men being arrested.

Enforcement of the Texas solicitation of prostitution law has become popular with police agencies and it’s important to hire an experienced criminal attorney to represent any individual arrested for this crime. An experienced criminal attorney can review the discovery and determine what legal defenses are available. A criminal attorney can also negotiate with the prosecutor to try and find a resolution to the case that does the least amount of harm to the client. A conviction should be avoided if at all possible.

January 24, 2023 PROSTITUTION Comments Off on Texas Solicitation of Prostitution

What Are Drug Free Zones in Texas Law?

In Texas, “drug free zones” refer to areas around certain locations, such as schools and parks, where drug offenses are subject to enhanced penalties. These enhanced penalties are typically in the form of increased fines and/or prison sentences. Examples of these locations include:

  • Public and private primary and secondary schools
  • Day-care centers, youth centers, and juvenile detention facilities
  • Public swimming pools, video arcades, and youth sports facilities
  • Within 1,000 feet of the real property on which a school or youth center is located
  • Public parks and playgrounds
  • Public housing projects

Undercover police officers often intentionally set up drug buys in drug free zones in order to take advantage of the enhanced penalties. An experience criminal attorney can advise a defendant how a drug free zone will affect his case. Drug free zone enhancements often come into play during plea bargain negotiations with prosecutors.

January 22, 2023 DRUG CRIMES Comments Off on What Are Drug Free Zones in Texas Law?